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Case Name Kope v. Watkins ID-MI-0001
Docket / Court 88-61424 ( State Court )
State/Territory Michigan
Case Type(s) Intellectual Disability (Facility)
Case Summary
On April 27, 1988, mentally retarded persons residing at Greenbrook Manor in Monroe, Michigan, the Kalamazoo Total Living Center in Kalamazoo, Michigan, the Mt. Pleasant Total Living Center in Mt. Pleasant, Michigan, the Taylor Total Living Center in Taylor, Michigan, and the Wayne Total Living ... read more >
On April 27, 1988, mentally retarded persons residing at Greenbrook Manor in Monroe, Michigan, the Kalamazoo Total Living Center in Kalamazoo, Michigan, the Mt. Pleasant Total Living Center in Mt. Pleasant, Michigan, the Taylor Total Living Center in Taylor, Michigan, and the Wayne Total Living Center in Wayne, Michigan, filed a class action lawsuit under the Michigan State Constitution and under 42 U.S.C. § 1983 against the Michigan Department of Mental Health (MDMH) in the Michigan Third Judicial Court in Wayne County, Michigan. The plaintiffs, represented by the Michigan Protection and Advocacy Service, asked the court for declaratory and injunctive relief, as well as damages. They alleged that their constitutional rights had been violated by the defendants' failure to provide the following: habilitation services, psychological services and behavioral management services needed to reduce maladaptive behaviors or self-injurious behaviors, medical services, recreational and social activities, community placements, physical and mental examinations on an annual basis. The plaintiffs alleged that the failure to provide these things constituted discrimination on the basis of their handicaps.

On June 8, 1993, the Michigan Circuit Court for the County of Ingham (Judge James R. Giddings) issued a consent decree in the case. The decree provided for comprehensive assessments and plans of care for each patient, safe and sanitary living conditions, privacy consistent with the care and treatment setting, freedom from unnecessary restraints, adequate medical supervision, record-keeping, regular outdoor physical exercise and recreational activities, a structured habilitative day program, community placements for residents when possible, and $150,000 in attorneys' fees to be paid to the plaintiffs.

We have no further information on the proceedings in this case.

Kristen Sagar - 07/21/2006


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Issues and Causes of Action
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Issues
General
Aggressive behavior
Classification / placement
Habilitation (training/treatment)
Record-keeping
Recreation / Exercise
Restraints : physical
Medical/Mental Health
Intellectual disability/mental illness dual diagnosis
Medical care, unspecified
Mental health care, general
Mental Disability
Intellectual/developmental disability, unspecified
Type of Facility
Government-run
Causes of Action State law
42 U.S.C. ยง 1983
Defendant(s) Greenbrook Manor
Kalamazoo Total Living Center
Michigan Department of Mental Health
Mt. Pleasant Total Living Center
Taylor Total Living Center
Plaintiff Description all developmentally disabled persons who are or may be residents at Greenbrook Manor, Kalamazoo Total Living Center, Mt. Pleasant Total Living Center, Taylor Total Living Center, or Wayne Total Living Center
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 1993 - n/a
Case Closing Year n/a
Case Ongoing Unknown
Docket(s)
No docket sheet currently in the collection
General Documents
First Amended Complaint 04/27/1988
ID-MI-0001-0001 PDF | Detail
Consent Judgment 06/08/1993
ID-MI-0001-0002 PDF | Detail
Judges Giddings, James R. (State Trial Court)
ID-MI-0001-0002
Monitors/Masters None on record
Plaintiff's Lawyers Coulter, Delores M. (Michigan)
ID-MI-0001-0001
Harris, Kathleen N. (Michigan)
ID-MI-0001-0002
Mattison, Deborah A. (Michigan)
ID-MI-0001-0002
Schervish, Marguerite (Michigan)
ID-MI-0001-0001
Stamler, Patricia A. (Michigan)
ID-MI-0001-0001
Tuck, Marsha Lynn (Michigan)
ID-MI-0001-0002
Defendant's Lawyers Marsden, Erica Weiss (Michigan)
ID-MI-0001-0002
McCargar, George L. (Michigan)
ID-MI-0001-0001
Meadows, Mark S. (Michigan)
ID-MI-0001-0002
O'Brien, Patrick J. (Michigan)
ID-MI-0001-0001
Taube, Robert J. (Michigan)
ID-MI-0001-0002
Wheeker, Thomas R. (Michigan)
ID-MI-0001-0001
Other Lawyers None on record

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